Radiculopathy & sciatica decisions — 2019

The Veteran's lumbar strain with degenerative disc disease is no longer being appealed for an increased rating.,A higher initial rating of 40 percent has been granted for right lower extremity radiculopathy.,Service connection for residuals of a nose injury and sinusitis (secondary to allergic rhinitis) have been reopened, but not yet established as service-connected.,Service connection for residuals of a right pinkie finger injury has been reopened, but not yet established as service-connected. Service connection for sinusitis (secondary to allergic rhinitis) has also been reopened and is presumed based on the secondary relationship to service-connected allergic rhinitis.,Service connection for allergic rhinitis has been granted, with sinusitis being granted as secondary to allergic rhinitis.,The Veteran's right pinkie finger injury residuals are not yet established as service-connected.

The Veteran's claims for erectile dysfunction and radiculopathy of the bilateral lower extremities have been reopened, and his claim for a neurological disorder of the right lower extremity secondary to service-connected lumbar spine disability is remanded. The claim for a neurological disorder of the left lower extremity secondary to service-connected lumbar spine disability is also remanded.

The Board has remanded the case due to new evidence and for additional VA examinations.

The Veteran's appeals for service connection were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during the appeal process.

The Board denied the Veteran's claim for TDIU due to service-connected disabilities from February 4, 2016, finding that he engaged in substantially gainful employment and did not meet the schedular criteria for TDIU.

The Board has remanded the claims for a rating in excess of 20 percent for lumbar spondylosis with degenerative disc disease and service connection for lumbar radiculopathy of both lower extremities due to new evidence suggesting a material change in condition.

A 40 percent rating for a back disability is granted from February 8, 2011.,A separate 10 percent rating for radiculopathy of the right lower extremity (RLE) is granted since February 8, 2011. A 40 percent rating for RLE radiculopathy is granted from September 25, 2017.

The Board has decided to remand the Veteran's claims for radiculopathy of the right upper extremity and sleep apnea due to additional evidence not previously considered by the AOJ.

The Board has reopened the Veteran's claim for service connection for left upper extremity radiculopathy and remanded her increased rating claims. The case is now pending further examination and review.

The Board has remanded several issues related to the Veteran's service connection claims, including his lumbar spine disability and its associated radiculopathy. The decision also notes that he is entitled to a TDIU but that issue will be remanded as well.

The Veteran's ratings for kidney cancer residuals, low back disability, and right lower extremity radiculopathy were reduced from 60%, 20%, and 10% to 30%, 10%, and noncompensable respectively. The reduction in rating for the low back disability is being remanded due to inadequate examination.

The Veteran's lumbar spine disability is currently rated at 40 percent, but the Board finds that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy is currently rated at 20 percent, and the Board does not find any basis to grant a higher rating.,The effective date for the TDIU was determined to be August 29, 2013, as this was when the Veteran met the schedular requirements.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to evidence suggesting that his low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy have worsened since his last VA examination in March 2016. The Veteran is also required to provide or authorize VA to obtain records of his relevant treatment.

The Veteran's bilateral lower extremity radiculopathy has been granted an initial rating of 20 percent, but no higher, for each affected nerve.

The Veteran's claims for service connection and effective dates prior to August 10, 2016 were denied.,VA found no evidence of a claim having been filed prior to August 10, 2016.

The Veteran's lower back condition is rated at 20 percent from September 7, 2017.,The Veteran's left leg condition is rated at 10 percent since April 9, 2010.

The Board has denied service connection for various conditions, including left foot, knee, shoulder, cervical spine, thoracolumbar spine, and lumbar radiculopathy of the lower extremities. The decision is based on a lack of evidence demonstrating chronic disability or etiology related to service.

The Veteran's right shoulder disability is rated at 20 percent since December 3, 2007. The Board denied a higher rating for the cervical spine strain and GERD.,The Veteran’s TDIU claim was remanded.

The Board denied service connection for left and right lower extremity radiculopathy as symptoms of the Veteran's service-connected degenerative disc disease of the lumbar spine due to a lack of objective evidence supporting these conditions.

The Veteran's claims for increased ratings for his service-connected DDD of the lumbar spine and radiculopathy of the left lower extremity are being remanded due to additional development needed.